(a) 
Animals subject to impoundment.
The following animals may be impounded:
(1) 
Cats and dogs not exhibiting evidence of being vaccinated as described in article 3.02 of this chapter or registered as described in sections 3.01.004 and 3.01.005.
(2) 
Any animal infected or kept under conditions which could endanger the public or animal health.
(3) 
Any animal that creates a nuisance, as defined in section 3.01.007.
(4) 
Any animal running at-large, as stipulated in section 3.01.006.
(5) 
Any animal treated in a manner determined by the animal control officer to be cruel or inhumane.
(6) 
Any animal that has bitten a human being or needs to be placed under observation for rabies determination, as determined by the animal control officer.
(7) 
Any animal violating any provision of this chapter.
(b) 
Confinement by private person.
If any of the animals named in this section are found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until he can notify the animal control officer to come and impound such animal. When so notified, it shall be the duty of the animal control officer to have such animal impounded as herein provided.
(c) 
Notification of owner.
Reasonable effort shall be made by the animal control officer to contact the owner of any animal impounded which is wearing a current vaccination tag; however, final responsibility for location of an impounded animal is that of the owner.
(d) 
Redemption of animal by owner.
The owner can resume possession of any impounded animal upon payment of impoundment fees, handling fees, and any veterinary bills incurred by animal control for the welfare of the animal, and upon compliance with the vaccination and registration provisions of this code, except where prohibited in subsections (e) and (f) of this section.
(e) 
Cruelly treated animals.
Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of jurisdiction.
(f) 
Animals under observation for rabies.
If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine.
(g) 
Impoundment facilities.
The city manager shall select and establish a place for impounding all animals impounded under any provision of this section.
(h) 
Holding period.
Any animal, except vicious or wild animals, not reclaimed by the owner may be humanely euthanized after being impounded for seventy-two (72) hours, except that any animal wearing a current registration tag shall be impounded for six (6) days.
(i) 
Vicious or wild animals.
Any impounded vicious or wild animal, unless there is reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by the animal control officer.
(j) 
Nursing baby animals.
Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering.
(k) 
Destruction of animal at request of owner.
An owner who no longer wishes responsibility for an animal, or believes the animal to be in an ill or injured condition, may sign a written waiver supplied by the animal control officer allowing the animal to be immediately euthanized in a humane manner, provided that no dog or cat that has bitten a human being shall be euthanized before expiration of the ten-day quarantine period.
(l) 
Animals suffering from injury or illness.
Any impounded animal that appears to be suffering from extreme injury or illness may be euthanized or given to a nonprofit humane organization for the purpose of veterinary medical care, as determined by the animal control officer.
(1995 Code, sec. 2.801; 2009 Code, sec. 2.04.001)
Fees shall be as provided for in the fee schedule found in appendix A of this code.
(1995 Code, sec. 2.802; 2009 Code, sec. 2.04.002)
(a) 
The animal control officer shall euthanize animals humanely and under authorized guidelines of the department of state health services, and in accordance with this article.
(b) 
An unregistered dog at-large shall be euthanized after three (3) full days if deemed unadoptable. On the third day, the dog becomes the property of the city.
(c) 
A registered dog at-large shall become the property of the city after six (6) days of confinement and be euthanized if unadoptable. The animal control officer will make reasonable attempts to contact the registered owner to return the dog, and, if unadoptable, euthanize it. Upon destruction, the registered owner shall be cited for “dog running at-large” in the municipal court and billed reasonable expenses incurred by the city for care and control of the dog as determined by city council upon recommendation by the city manager.
(d) 
An unregistered dog impounded upon biting a human being shall be destroyed as soon as practical and submitted for rabies examination.
(e) 
A registered dog impounded upon biting a person shall be placed in quarantine at the city animal shelter for ten (10) days and shall be returned to the registered owner if no indicators of rabies are present. The owner shall be cited for any appropriate violation of law or statute and will be billed reasonable expenses incurred by the city as determined by the city council upon recommendation by the city manager, regardless of whether the dog is returned to or rejected by the registered owner.
(f) 
Any other animal may be destroyed in accordance with appropriate sections of this chapter.
(1995 Code, art. 2.1200; 2009 Code, sec. 2.04.003)
(a) 
Cruelty to nonlivestock and livestock animals, excluding uncaptured wild living creatures, is a violation of the Texas Penal Code and, depending on the circumstances, is a class A misdemeanor, state jail felony, or a felony of the third degree.
(b) 
Cruelly treated includes tortured, seriously overworked, unreasonably abandoned, unreasonably deprived of necessary food, care, or shelter, cruelly confined, or caused to fight with another animal.
(c) 
Animal care officials shall liberally utilize the authority granted by section 821.022 of the Texas Health and Safety Code to seize and impound any animal that has been or is being cruelly treated. If the investigating animal care officer or cruelty investigator has reason to believe that an animal has been or is being cruelly treated, pending a hearing before the municipal court judge on the issues of cruelty and disposition of the animal, the seizure of the subject animal prior to receiving a warrant is hereby authorized if such delay endangers the life of the animal, or if it would unreasonably prolong the suffering of the animal needing immediate attention.
(Ordinance 1147-12-17 adopted 12/11/17; 2009 Code, sec. 2.04.004)